Impact of the Class Action Fairness Act on the Federal Courts: Preliminary Findings from Phase Two's Pre-CAFA Sample of Diversity Class Actions

摘要

This report presents preliminary findings from Phase Two of the ongoing study of the impact of the Class Action Fairness Act of 2005 (CAFA) on the federal courts. Phase One found that the number of class actions based on diversity of citizenship jurisdiction filed in or removed to the federal courts increased after CAFA's effective date. Phase Two will, when complete, measure CAFA's impact on litigation activity and judicial rulings in class actions in the federal courts. This report presents an initial description and overview of the litigation activity, outcomes, and case characteristics of class actions based on diversity of citizenship jurisdiction filed in or removed to the federal courts in the two years preceding CAFA's effective date. Future reports will compare these findings to the extent that meaningful comparisons are possible--with prior empirical research and discuss any apparent differences.